RULING
On 6 July, 2023, the Defendant/Applicant (hereinafter called the Applicant) filed motion on notice before this Court. The motion is praying the Court to set down issues 7 and 8 in the application for directions for same to be tried as preliminary issues before the trial of the other issues.
The motion is supported by affidavit and exhibits. I wish to reproduce the relevant paragraphs in this ruling.
3. That on 25 May, 2022, the Plaintiff/Respondent (Respondent) instituted the instant action against the Applicant for the reliefs endorsed on its Writ of Summons and Statement of Claim.
4. That the Applicant entered appearance on 2 July, 2022 and filed its Amended Statement of Defence and Counterclaim on 6 July, 2022.
7. That the parties were unable to amicably resolve the matter during pre-trial settlement, and on 7 March, 2023, the pre-trial judge set down a total of ten (10) issues for trial (a copy of the court order dated 7 March, 2023 is attached as exhibit D1).
8. That this Hon…